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NC H397

Bill

Status

Passed

6/23/2011

Primary Sponsor

David Lewis

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Origin

House of Representatives

2011-2012 Session

AI Summary

  • Reclassifies Type A violations into Type A1 (actual death or serious harm) and Type A2 (substantial risk of death or serious harm), with separate penalty structures and correction timelines for each category.

  • Increases civil penalties for Type A1 violations in larger facilities from $1,000-$20,000 to match previous Type A ranges, and adds daily penalties up to $1,000 per day for failure to correct violations.

  • Creates "Past Corrected Type A1 or Type A2 Violation" category allowing Department discretion to assess or waive penalties based on facility's preventative measures, immediate abatement, and compliance history.

  • Redefines Type B violations as violations "detrimental" to health and safety (rather than presenting "direct relationship"), and requires written plans of protection and correction with 15-working-day reporting timelines for both Type A and Type B violations.

  • Authorizes Department to order staff training in lieu of all or some administrative penalties if training is violation-specific, Department-approved, and taught by Department-approved instructors, and changes penalty commencement date from "day violation began" to date of penalty notification letter.

Legislative Description

DHHS Penalties and Remedies Revision.-AB

Last Action

Ch. SL 2011-249

6/23/2011

Committee Referrals

Finance5/10/2011
Finance4/20/2011
Judiciary Subcommittee A3/17/2011

Full Bill Text

No bill text available